H.R. 3455 (112th): To amend title 10, United States Code, to include the Chief of the National Guard Bureau as a member of the Joint Chiefs of Staff and to reestablish the position of Vice Chief of the National Guard Bureau.

To amend title 10, United States Code, to include the
Chief of the National Guard Bureau as a member of the Joint Chiefs of Staff and
to reestablish the position of Vice Chief of the National Guard
Bureau.

1.

Membership of the Chief of
the National Guard Bureau on the Joint Chiefs of Staff

(a)

Membership on
Joint Chiefs of Staff

Section 151(a) of title 10, United States
Code, is amended by adding at the end the following new paragraph:

(7)

The Chief of the National Guard
Bureau.

.

(b)

Conforming
amendments

Section 10502 of such title, as amended by section
2(b)(1) of this Act, is further amended—

(1)

by redesignating subsection (d) as
subsection (e); and

(2)

by inserting after subsection (c) the
following new subsection (d):

(d)

Member of Joint
Chiefs of Staff

The Chief of
the National Guard Bureau shall perform the duties prescribed for him or her as
a member of the Joint Chiefs of Staff under section 151 of this
title.

.

2.

Reestablishment of
position of Vice Chief of the National Guard Bureau and termination of position
of Director of the Joint Staff of the National Guard Bureau

(a)

Reestablishment
and termination of positions

Section 10505 of title 10, United
States Code, is amended to read as follows:

10505.

Vice Chief of
the National Guard Bureau

(a)

Appointment

(1)

There is a Vice Chief of the National Guard
Bureau, selected by the Secretary of Defense from officers of the Army National
Guard of the United States or the Air National Guard of the United States
who—

(A)

are recommended for such appointment
by their respective Governors or, in the case of the District of Columbia, the
commanding general of the District of Columbia National Guard;

(B)

have had at least 10 years of
federally recognized service in an active status in the National Guard;
and

(C)

are in a grade above the grade of
brigadier general.

(2)

The Chief and Vice Chief of the
National Guard Bureau may not both be members of the Army or of the Air
Force.

(3)(A)

Except as provided in
subparagraph (B), an officer appointed as Vice Chief of the National Guard
Bureau serves for a term of four years, but may be removed from office at any
time for cause.

(B)

The term of the Vice Chief of the
National Guard Bureau shall end within a reasonable time (as determined by the
Secretary of Defense) following the appointment of a Chief of the National
Guard Bureau who is a member of the same armed force as the Vice Chief.

(b)

Duties

The
Vice Chief of the National Guard Bureau performs such duties as may be
prescribed by the Chief of the National Guard Bureau.

(c)

Grade

The
Vice Chief of the National Guard Bureau shall be appointed to serve in the
grade of lieutenant general.

(d)

Functions as
Acting Chief

When there is a vacancy in the office of the Chief
of the National Guard Bureau or in the absence or disability of the Chief, the
Vice Chief of the National Guard Bureau acts as Chief and performs the duties
of the Chief until a successor is appointed or the absence of disability
ceases.

.

(b)

Conforming
amendments

(1)

Section 10502 of
such title is amended by striking subsection (e).

(2)

Section
10506(a)(1) of such title is amended by striking and the Director of the
Joint Staff of the National Guard Bureau and inserting and the
Vice Chief of the National Guard Bureau.

(c)

Clerical
amendments

(1)

Heading
amendment

The heading of section 10502 of such title is amended
to read as follows:

10502.

Chief of the National Guard Bureau:
appointment; advisor on National Guard matters;
grade

.

(2)

Table of
sections

The table of sections at the beginning of chapter 1011
of such title is amended—

(A)

by striking the
item relating to section 10502 and inserting the following new item:

10502. Chief of the National Guard Bureau:
appointment; advisor on National Guard matters;
grade.

;

and(B)

by striking the
item relating to section 10505 and inserting the following new item: